Title 77 — Title 77 FISH AND WILDLIFE
28 chapters · 644 sections in this title.
RCW 77.57.020 Review of permit applications to divert or store water—Water flow policy.
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It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.The director of ecology shall give the director notice of each application for a permit to divert or store water. …
RCW 77.57.030 Fishways required in dams, obstructions—Penalties, remedies for failure.
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(1) Subject to subsection (3) of this section, a dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fish…
RCW 77.57.040 Director may modify inadequate fishways and fish guards.
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If the director determines that a fishway or fish guard described in *RCW 77.55.040 and 77.55.060 and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, wi…
RCW 77.57.050 If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.
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Before a person commences construction on a dam or other hydraulic project for which the director determines that a fishway is impractical, the person shall at the option of the director:(1) Convey to the state a fish cultural facility on a site satisfactory to the director and c…
RCW 77.57.060 Director may modify inadequate fishways and protective devices.
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The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by *RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modificat…
RCW 77.57.070 Diversion of water—Screen, bypass required.
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(1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning …
RCW 77.57.080 Operation and maintenance of fish collection facility on Toutle river.
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The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engi…
RCW 77.60.010 State oyster reserves established.
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The following areas are the state oyster reserves and are more completely described in maps and plats on file in the office of the commissioner of public lands and in the office of the auditor of the county in which the reserve is located:1. Puget Sound Oyster Reserves:(a) Totten…
RCW 77.60.020 Sale or lease of state oyster reserves.
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Only upon recommendation of the commission may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.[ 1995 1st sp.s. c 2 s 28 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 79; 1955 c 12 s 75.24.030…
RCW 77.60.030 State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits.
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It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It i…
RCW 77.60.040 Olympia oysters—Cultivation on reserves in Puget Sound.
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The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The director shall reest…
RCW 77.60.050 Sale of shellfish from state oyster reserves.
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The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW…
RCW 77.60.060 Restricted shellfish areas—Infestations—Permit.
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The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. A permit issued by the director is required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taki…
RCW 77.60.070 Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements.
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(1) The director may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.135.210. The director may not authorize commercial harvest o…
RCW 77.60.080 Imported oyster seed—Permit and inspection required.
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The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oys…
RCW 77.60.090 Imported oyster seed—Inspection—Costs.
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The director may require imported oyster seed to be inspected for diseases and pests. The director may specify the place of inspection. Persons importing oyster seed shall pay for the inspection costs excluding the inspector's salary. The cost shall be determined by the director …
RCW 77.60.100 Establishment of reserves on state shellfish lands.
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The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The director shall con…
RCW 77.60.150 Oyster reserve land—Pilot project—Advisory committee—Lease administration.
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(1) The department shall initiate a pilot project to evaluate the feasibility and potential of intensively culturing shellfish on currently nonproductive oyster reserve land in Puget Sound. The pilot program shall include no fewer than three long-term lease agreements with commer…
RCW 77.60.160 Oyster reserve land account.
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(1) The oyster reserve land account is created in the state treasury. All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures fro…
RCW 77.60.170 Shellfish—On-site sewage grant program—Priority areas—Memorandum of understanding.
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(1)(a) The department shall transfer the funds required by RCW 77.60.160 to the appropriate local governments. Pacific and Grays Harbor counties and Puget Sound shall manage their established shellfish—on-site sewage grant program. The local governments, in consultation with the …
RCW 77.65.010 Required licenses—Exemption.
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(1) Except as otherwise provided by this title, a person must have a license issued by the director in order to engage in any of the following activities:(a) Commercially fish for or take food fish or shellfish;(b) Deliver from a commercial fishing vessel food fish or shellfish t…
RCW 77.65.020 Transfer of licenses—Restrictions—Fees—Inheritability.
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(1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person. This may not be deemed to prohibit the granting or enforcement of a security interest in any such license.(2) The following restrictio…
RCW 77.65.030 Commercial licenses and permits—Application deadline—Exception.
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The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for whic…
RCW 77.65.040 Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license.
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(1) Except as otherwise provided in this title, a person may hold a commercial license established by this chapter.(2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide r…
RCW 77.65.050 Application for commercial licenses and permits—Replacement.
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(1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee.(2) An application submitted to the department under this chapter shall contain th…
RCW 77.65.060 No commercial fishery during year—License requirement waived or license fees refunded.
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If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return…
RCW 77.65.070 Licensees subject to statute and rules—Expiration and renewal of licenses.
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(1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.(2) Unless otherwise provided in this title or rules of the department, commercial…
RCW 77.65.080 License suspension—Noncompliance with support order—Reissuance.
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(1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order.(2) A listing on the department of licensing's database…
RCW 77.65.090 Vessel substitution—Fees.
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This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.(1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none ha…
RCW 77.65.100 Vessel designation.
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(1) This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.(2) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a …
RCW 77.65.110 Alternate operator designation—Fees.
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This section applies to all commercial fishery licenses and delivery licenses.(1) A person designated as an alternate operator must possess an alternate operator license issued under RCW 77.65.130, and be designated on the fishery license prior to engaging in the activities autho…
RCW 77.65.120 Sale or delivery of fish or shellfish by fishery license holder and alternate operators—Conditions—License with a limited fish seller endorsement.
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(1) Only the fishery license holder and any alternate operators designated on the license may sell or deliver fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of fish or she…
RCW 77.65.130 Vessel operation—License designation—Alternate operator license required.
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(1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:(a) The person holds an alternate operator license issued by…
RCW 77.65.140 Alternate operators—Increase for certain licenses.
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The director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 77.65.050 and 77.65.110 for a commercial fishery license, delivery license, or charter license.[ 2000 c 107 s 35; 1997 c 421 s 1. Formerly RCW 75.28.055.]
RCW 77.65.150 Licenses and permits—Fees—"Charter boat" defined—Oregon charter boats—Salmon charter license renewal.
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(1) The licenses and permits and their annual license fees, application fees, and surcharges are: LicenseorPermitAnnual Fee(RCW 77.95.090 Surcharge)(RCW 77.12.702 Surcharge)Appli-cation FeeGoverningSection ResidentNonresident (a)Non-salmon charter$375(plus $35 for RCW 77.12.702 S…
RCW 77.65.160 Commercial salmon fishery licenses—Gear and geographic designations—Fees.
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(1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection. The licenses and their …
RCW 77.65.170 Salmon delivery license—Fees—Restrictions—Revocation.
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(1) A salmon delivery license is required for a commercial fishing vessel to deliver salmon taken for commercial purposes in offshore waters to a place or port in the state. As used in this section, "deliver" and "delivery" mean arrival at a place or port, and include arrivals fr…
RCW 77.65.180 Oregon, California harvested salmon—Landing in Washington ports encouraged.
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(1) The legislature finds that landing salmon into the ports of Washington state, regardless of where such salmon have been harvested, is economically beneficial to those ports as well as to the citizens of the state of Washington. It is therefore the intent of the legislature to…
RCW 77.65.190 Emergency salmon delivery license—Fees—Nontransferable, nonrenewable.
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A person who does not qualify for a license under RCW 77.70.090 shall obtain a nontransferable emergency salmon delivery license to make one delivery from a commercial fishing vessel of salmon taken for commercial purposes in offshore waters. As used in this section, "delivery" m…
RCW 77.65.200 Commercial fishery licenses for food fish fisheries—Fees—Rules for species, gear, and areas.
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(1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses. As used in this section, "food fish" does not include salmon. The director may issue a limited-entry commercial fishery license only to a person who m…
RCW 77.65.210 Nonlimited entry delivery license—Exceptions—Fees.
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(1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken for commercial purposes in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this sectio…
RCW 77.65.220 Commercial fishery licenses for shellfish fisheries—Fees—Rules for species, gear, and areas.
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(1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited entry commercial fishery license only to a person who meets the qualifications established in applicable governing se…
RCW 77.65.240 Surcharge on Dungeness crab-coastal fishery license.
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A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 77.65.220. Moneys collected under this section shall be placed in the coastal crab account created under RCW 77.70.320.[ 2017 3rd sp.s. c 8 s 28; 2000 c …
RCW 77.65.250 Hardshell clam mechanical harvester fishery license.
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A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 77.55.021 are fulfilled for the proposed activity.[ 2005 c 146 s 1005; 2000 c …
RCW 77.65.260 State oyster reserves—Oyster reserve fishery license.
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A person who commercially takes shellfish from state oyster reserves under RCW 77.60.050 must have an oyster reserve fishery license.[ 2000 c 107 s 47; 1993 c 340 s 20; 1989 c 316 s 14; 1983 1st ex.s. c 46 s 131; 1969 ex.s. c 91 s 2; 1955 c 12 s 75.28.290. Prior: 1951 c 271 s 27;…
RCW 77.65.270 Oyster cultch permit.
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An oyster cultch permit is required for commercial cultching of oysters on state oyster reserves. The director shall require that ten percent of the cultch bags or other collecting materials be provided to the state after the oysters have set, for the purposes of increasing the s…
RCW 77.65.280 Fish dealer license—Exemption—Fees.
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(1) A fish dealer license is required for a person in the state who:(a) Takes possession of raw or frozen fish or shellfish, in whole or in parts, to prepare, repackage, process, or preserve. This includes, but is not limited to:(i) Canning or processing of fish or shellfish for …
RCW 77.65.310 Wholesale fish buyers and limited fish sellers—Documentation of commercial harvest.
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Wholesale fish buyers and limited fish sellers are required to document the commercial harvest of fish and shellfish according to the rules of the department.[ 2017 3rd sp.s. c 8 s 30; 1996 c 267 s 29; 1985 c 248 s 4. Formerly RCW 75.28.315.]Notes:Finding—Intent—Effective date—20…
RCW 77.65.320 Wholesale fish buyers/limited fish seller—Performance bond.
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(1) A wholesale fish buyer or limited fish seller must deposit with the department an acceptable performance bond on forms prescribed and furnished by the department before engaging in fish selling or buying activities. This performance bond shall be a corporate surety bond execu…
RCW 77.65.330 Wholesale fish buyer/limited fish seller—Notification by director of a violation of rules relating to the accounting of commercial harvest—Payment of liability.
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The director shall promptly notify by order a wholesale fish buyer or limited fish seller and the appropriate surety when a violation of rules relating to the accounting of commercial harvest has occurred. The notification shall specify the type of violation, the liability to be …